Policies and Definitions: Student Code of Conduct

Any violation of local, state, or federal alcohol laws is prohibited, including:

• Possession of alcohol under the legal drinking age
• Consumption of alcohol under the legal drinking age
• Sale, distribution, or delivery of alcohol to individual(s) under the legal drinking age

Additionally, the University prohibits specific behavior on University property, including;

• Being in the presence of alcohol under the legal drinking age or with an underage person(s) present (except as permitted under Residence Hall Regulations)
• Consumption or possession of alcohol with a person(s) under the legal drinking age present (except as permitted under Residence Hall Regulations)
• Possession of kegs or other bulk containers
• Possession of alcohol paraphernalia (including, but not limited to, funnels, beer balls, beer pong tables, bar setups, etc.)
• Participation in drinking games or non-alcoholic drinking games
• Manufacturing of alcohol

The following behavior is prohibited without the written approval of the Vice President of Student Affairs, or their designee:

• The sale of, supplying, possession, and/or consumption of alcohol at a student-sponsored event(s) and/or University events at which underage persons are present
• Possession and/or consumption of alcohol in any area of campus except residence hall rooms as permitted by Residence Hall Regulations

Any violation of local, state, and federal illegal drug and controlled substance laws is prohibited. The following behavior is prohibited regarding illegal drugs and controlled substances, including marijuana:

• Possession, use, or being under the influence of illegal drugs
• Being in the presence of illegal drugs
• Possession or use of controlled substance(s) except as expressly permitted by law
• Purchase of illegal drugs, controlled substance(s), or prescription drugs
• Distribution, sale, or delivery of illegal drugs, controlled substance(s), or prescription drugs
• Manufacturing of illegal drugs or controlled substance(s)
• Possession of drug paraphernalia (including but not limited to pipes, bongs, smoking devices, scales, grinders, etc.)
• Possession or use of a prescription drug without a documented prescription
• Possession, use, distribution, sale, delivery, or manufacturing of substances used to cause impairment including intoxication or hallucination

The following behavior is prohibited under this policy:

• Driving, on or off campus, while impaired or under the influence of alcohol or other drugs
• Public intoxication
• Excessive drinking, regardless of age, which endangers the health of an individual or safety of the community.

St. John Fisher University is committed to the health, safety, and welfare of all students. Students are encouraged to make responsible choices for themselves and for other community members.

In cases of an emergency involving intoxication, alcohol poisoning, or drug-related medical issues, St. John Fisher University strongly encourages students to seek medical assistance for themselves and others. In these situations, contacting emergency personnel, such as Safety and Security and Residence Life staff, will fall under the St. John Fisher University Alcohol and Other Drugs Amnesty Policy.

This includes:

• An individual student voluntarily contacts emergency medical assistance for themselves related to alcohol or drug use.
• An individual student voluntarily contacts emergency medical assistance on behalf of another person related to alcohol or drug use.

In cases in which the St. John Fisher University Alcohol and Other Drugs Amnesty Policy applies, all students involved in an incident, including the student(s) who made the contact and the student(s) experiencing the emergency, may be required to meet with a representative of Student Conduct. At the meeting, the incident will be reviewed and an appropriate response determined. This may include the following:

• Mandated counseling session(s)
• Substance abuse education and/or evaluation
• Participation in an education group or class
• Educational assignment(s)

The students involved will not receive formal student conduct action, regardless of conduct history, provided the student completes all meetings and conditions. If a student fails to attend their scheduled meeting or fails to complete the required outcomes of the meeting, they will be referred to the Student Conduct Process for failure to comply.

The Office of Safety and Security and Residential Life staff are expected to follow safety processes and procedures for any situation whether or not the St. John Fisher University Alcohol and Other Drugs Amnesty Policy may be applicable to the situation.

The St. John Fisher University Alcohol and Other Drugs Amnesty Policy does not apply to students experiencing alcohol or drug-related emergencies that are found by a University official.

When a student's role is that of an alleged respondent in any alleged violation(s) of the St. John Fisher University Code of Conduct concerning sexual misconduct, verbal or physical abuse or harassment, distribution of alcohol, illegal drugs, or controlled substances, or property damage, or results in the student's arrest, the situation does not fall under St. John Fisher University Alcohol and Other Drugs Amnesty Policy. The Director of Student Conduct will determine when a specific incident does not qualify for the St. John Fisher University Alcohol and Other Drugs Amnesty Policy.

The freedom to communicate, speak, inquire, question, and express oneself is a core value of St. John Fisher University as an academic institution. Freedom of expression and peaceful assembly are fundamental to the purpose of a University as a center for open inquiry in the search for knowledge and insight. St. John Fisher University is committed to providing proper and meaningful forums and support to further such expression, even if such views are unpopular or controversial.

At the same time, St. John Fisher University has a duty and is committed to ensuring that such expression/communications do not jeopardize, interfere with, or compromise the safety or security of any member of the campus community, and do not violate any applicable federal, state, or local laws or University policies. With the privilege of free expression comes the concurrent obligation to maintain an atmosphere conducive to scholarly pursuits and respect for the rights of all individuals. To that end, St. John Fisher University has adopted this Free Expression Policy, which applies to all students, employees, and guests.

Applicability of this Policy

This policy works in conjunction and requires compliance with other related University policies, as well as any applicable federal, state, and local laws, in order to promote the exercise of free expression, while also maintaining the safety and security of all members of the University community.

Related Documents/Policies include but are not limited to:

• Appropriate Use and Privacy Policy for Computing & Information Technology
• Club Handbook & Regulations
• Employee Handbook
• Facility Use Policy
• Faculty Statutes
• OIT Copyright Policy
• Residence Hall Regulations
• Student Code of Conduct
• Title IX Policy
• University Social Media Policy
• University Brand Guidelines

For the purposes of this policy, the definition of speech and expressions are intended to be as broad as possible and include but are not limited to speaking, writing, artistic expression or conduct, postings, communications (electronic or otherwise), and use of other web-based technologies (including social media whether existing or developed in the future).

To be clear, the University never restricts free expression with the goal of suppressing critical and creative thinking or disagreement. Rather, it is the aim of the University to support the conditions in which the open exchange of ideas contribute to educationally purposeful activities. All members of the University community share the responsibility for maintaining an environment that contributes to the educational and inclusive mission and growth of the University.

Prohibited Conduct

Members of the University community, including guests on campus or with a reasonable connection to the University programs or activities, maintain the responsibility to conduct themselves in a manner that does not infringe on the rights of others, or compromise public safety. Prohibited Conduct includes but is not limited to conduct that fails to comply with this policy or any other University policy or any applicable federal, state, or local laws. The University reserves the right to respond promptly, appropriately, and effectively to conduct prohibited by this policy.

The following is prohibited:

Obscenities, Hate Speech

In the reasonable discretion of the University, speech or expression that is abusive, targeted based on a protected class/identity/characteristic, bigoted, obscene, condones, promotes, or incites violence, or constitutes hate speech, whether directed at an individual or expressed generally is prohibited.

Harassment, Violence

Speech or expression that involves a threat of force is prohibited. Additionally, conduct that includes harassment or coercion, threatens or causes physical harm, or incites violence against an individual, a group, or generally are prohibited. When there is alleged harassment, the appropriate policy (Title IX Gender Discrimination and Harassment, Employee Handbook policies related to Equal Employment Opportunity, Sexual Harassment, Discrimination & Harassment, Student Code of Conduct) will apply.

Demonstrations and Live Expression

Use of University property for the purpose of posting, assembly, picketing, or demonstration is permitted only to University students, employees, or internal groups (recognized/affiliate groups) and with prior approval. The University supports any public gathering, congregation, or exhibition of one or more persons for the purpose of conveying or displaying a message or supporting a cause (assembly, picketing, demonstration) within parameters detailed here and as long as the message or cause are not in violation of policies or laws including but not limited to University policies, or any applicable federal, state, or local laws. The use of University property for the purpose of posting, assembly, picketing, or demonstration does not imply the University’s endorsement of any organization, activity, cause, person or position.

Prior Approval

Students, employees or internal groups (recognized/affiliated groups) proposing to post, assemble, picket, or demonstrate must submit a request in writing to the Vice President for Student Affairs (VPSA). The request must include:

• Name(s) of individuals for coordination/contact
• The name of the organization, cause, or message
• The location requested
• The date(s) and timeframe(s) of the planned posting, assembly, picket, or demonstration
• The number of persons expected to participate
• The manner of the demonstration, including all placard language, activities, and waste disposal/cleanup
• A communication plan for ongoing communication with the VPSA or their designee

The VPSA may designate an alternative appropriate University employee to review the request and will endeavor to review such requests as expeditiously as practical. For example, the Office of Student Engagement & Leadership may review requests from clubs/organizations in conjunction with the Office of Safety & Security, while the Provost may review requests from faculty or in conjunction with coursework or research.

The University, in its sole discretion, shall determine whether the request consists of reasonable time, place, and manner, and may direct and approve a different time, place, and manner, or deny approval.

Postings refer to all time-limited methods of distributing information or solicitation by hardcopy or digital/social media, including without limit, posters, fliers, table-tents, signs, banners, chalked messages, lawn displays.

Time, Place, Manner

Postings, assemblies, picketing, and demonstrations may not infringe on or interfere with the rights of others or disrupt essential operations of the University as determined in the reasonable discretion of the University. As such, among other things, no person engaged in the posting, assembly, picket, or demonstration may impede vehicular or pedestrian traffic, block sidewalks or roadways, impede access to or within University buildings or facilities, or impede non-participants from engaging in their daily activities as a student or employee of the University. This includes engaging in any activity that would constitute a violation of applicable laws and policies including but not limited to any applicable federal, state, or local laws or other applicable statutes or University policies. The University maintains sole discretion in determining whether conduct complies with this or any other University policy.

The following conduct is prohibited: (review order of list)

• Causing physical injury to another person, or threatening to do so;
• Removing anyone from any place where he, she, or they are authorized to remain;
• Damaging or destroying property on the campus or property under its care;
• Removing property of the campus or property under its care;
• Use of campus property or property in the campus’s care (including bulletin boards) without approval;
• Entering without permission any individual office;
• Remaining in any building or facility after it is closed without approval;
• Refusing to leave a campus building or facility after being required to do so by a University Official;
• Obstructing the free movement of people and vehicles in any place to which these rules apply;
• Construction of shelters and other temporary structures;
• Camping on University grounds (except for academic purposes with approval of appropriate dean);
• Disrupting or preventing the peaceful and orderly conduct of classes, lectures, residential living, dining, events, meetings, and other University programs and activities;
• Disrupting or preventing the freedom of any person to express his, her, or their views, including invited speakers;
• Inciting others to commit acts prohibited in this or other University policies, or any applicable federal, state, or local laws;
• Taking action, creating, or participating in the creation of any situation which recklessly or intentionally endangers the mental or physical health of anyone;
• Individuals considered “Persona Non Grata” with a No Contact Order or court order prohibiting the person’s presence on campus may not request or participate in posting, assembling, picketing, or demonstrating.

Assemblies, picketing, or demonstrations during the first two weeks of any semester, culminating experiences week, and on the days of commencement is prohibited.

Revocation

If, in the sole judgment of University officials, an activity violates this Policy, if the activity has been misrepresented or is carried out in a manner other than what was approved, or is conducted in a manner that violates any applicable federal, state, or local laws or other University Policy, the approval will be withdrawn and the activity (posting, assembly, picketing, or demonstration) must immediately halt.

Personal Expression as an Employee

Consistent with existing University policies as well as any applicable federal, state, or local laws, members of the University community are reminded that it is prohibited to use University resources or property for personal gain, or to use confidential or privileged information acquired in connection with the individual’s University-supported activities for non-University purposes.

In compliance with federal law, University employees, in carrying out their regular employment duties, with the use of University resources, or rendering themselves to be speaking or acting as a University employee, may not endorse, expressly or impliedly, any candidate for public office or comment on specific actions, partisan issues, or lobbying efforts related to candidates for public office.

To report a concern or potential violation of this policy, contact:

• Anyone: Office of Safety & Security: Haffey Hall first floor, security@sjf.edu, (585) 385-8025
• Involving Students: Vice President for Student Affairs: Donald E. Bain Campus Center 206, mthornton@sjf.edu, (585) 385-8229
• Involving Employees: Assistant Vice President, Human Resources: Kearney Hall 211; vbenjamin@sjf.edu; (585) 385-8048

Please note: The University will not enforce this Free Expression Policy in a manner that would interfere with employees’ rights under the National Labor Relations Act to discuss the terms and conditions of employment.

University Free Expression Policy last updated: 9/23/2024

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The University believes that any group or organization (composed of students, faculty, staff, and/or visitors) has the responsibility to create an environment within which all activities are pursued in a respectful and productive manner.

All St. John Fisher University students, faculty, staff, visitors, and guests are expected to comply with federal, state, or local laws. New York state penal law defines hazing as follows: “A person is guilty of hazing in the first degree when, in the course of another person’s initiation into or affiliation with any organization, he or she intentionally or recklessly engages in conduct which creates a substantial risk of physical injury to such other person or a third person and thereby causes such injury” (New York Penal Law, 120.16). A conviction of this offense carries a potential fine of up to $1,000, one year in jail, or both. Hazing in the first degree is a Class A misdemeanor. Hazing in the second degree (a violation) incorporates the same definition as above with the exception that no actual injury to any person needs to be proven (New York Penal Law, 120.17).

The University defines hazing as any action or situation which, in the judgment of the University:

• Is an activity expected of someone as a method of initiation or pre-initiation into a student organization or group;
• Coerces, explicitly or implicitly, behavior that demeans, embarrasses, threatens, invites ridicule, or draws inappropriate or negative attention to a member, affiliate and/or group; or
• Implies one member/affiliate is superior to another.

This definition includes actions that result in the impairment of academic performance, or which cause failure to properly fulfill obligations to University-sponsored groups or organizations.

In compliance with New York state’s anti-hazing legislation, Chapter 676 of the Laws of 1980, the following regulations are in effect:

• Students, faculty, and staff, as well as visitors and other licensees and invitees on St. John Fisher University property, are prohibited from any action or situation that recklessly or intentionally endangers mental or physical health, or involves the forced consumption of any substance including food, liquids, alcohol, or drugs for the purpose of initiation into, or affiliation with, any organization.
• These regulations shall be deemed to be a part of the bylaws of all organizations operating on the campus, which shall review annually such bylaws with individuals affiliated with such organizations.
• Violation of these regulations will result in sanctions as appropriate to the individual’s status on campus and, in the case of an organization that authorizes such conduct, rescission of permission for that organization to operate on campus property.
• Individuals or organizations in violation of these regulations may be subject to any applicable provision of the penal law, or any other chapter to which a violator or organization may be subject, in addition to any University student conduct proceedings. Any faculty or staff member of the University who becomes aware of hazing activity must report that information promptly to the vice president for student affairs or the Office of Safety and Security. Failure to do so will result in appropriate administrative action against the faculty or staff member by the University.

Hazing Policy last reviewed: 9/10/2018

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Intimidation includes intentionally directing verbal, written, or electronic threats of violence or other threatening behavior(s) toward another person or group that reasonably leads the targeted person(s) to fear for their physical well-being. Intimidation also includes fear-inducing behavior(s) that deter or prevent the targeted person(s) from taking legitimate actions that they may otherwise take.

Intimidation last reviewed: 9/10/2018

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In compliance with the NCAA Board of Governor’s Campus Sexual Violence Policy, St. John Fisher University requires all incoming, continuing, and transfer student-athletes to complete an annual disclosure related to their conduct that resulted in discipline through a Title IX proceeding or in a criminal conviction for sexual, interpersonal or other acts of violence.

Transfer student-athletes must also disclose whether a Title IX proceeding was incomplete or pending at the time of transfer.

Failure to make a full and accurate disclosure could result in penalties, including loss of eligibility to participate in athletics as determined by the University.

The University will take reasonable steps to confirm whether an incoming, continuing, or transfer student-athlete has been disciplined through a Title IX Proceeding (including Informal Resolutions) or criminally convicted of sexual, interpersonal, or other acts of violence, St. John Fisher University solicits information from NCAA member institutions in which a student was formerly enrolled.

As per the NCAA expanded Policy, all NCAA member institutions must share relevant discipline information and incomplete Title IX proceedings as a result of transfer with other member institutions when a student-athlete attempts to enroll at a new college or university.

University-Affiliated Posting

Posting of signs, bulletins, flyers, or any advertisement or notice in designated posting areas on University property is permitted by University-affiliated groups only within the following guidelines. University-affiliated groups are university-recognized or affiliated student groups, campus offices/departments, University committees, and other internal groups.

Content Guidelines

• Postings must be in alignment with the mission and purpose of the University.
• Postings must comply with all University policies and are not permitted to include references to, encourage, or seek to incite any illegal activity and may not include references to weapons, violence, alcohol, or drugs.
• Postings may not assert or imply University approval of any viewpoint expressed.
• Postings must be related to University-affiliated activities or events.
• Postings must have the name of the sponsoring organization, club, or department and the date, time, and location of event, if applicable.
• Postings may not advertise or promote goods, services, or commercial sponsors.
• The promotion, advertising, marketing, or merchandising of credit cards is prohibited.
• Postings may not endorse, expressly or impliedly, any candidate for public office or comment on specific actions or issues related to candidates for public office.
• The University will remove postings that violate any University Policy or fire code

Distribution Guidelines

• Postings are only permitted on designated University Bulletin Boards, digital displays, and pre-approved campus locations.
• University Bulletin Boards are for use by University-affiliated groups only. These boards are designated as University posting boards by signage on the board. Approval is required for recognized or affiliated student organizations by the Office of Student Engagement & Leadership, located on the second floor of the Campus Center or campuslife@sjf.edu.
• Items must be posted with appropriate materials that will not result in damage to University property (e.g., using blue painters tape instead of packing or duct tape).
• If the posting causes any damage to any surface the person, organization, club or department responsible for the posting will be financially responsible for the repair.
• Approved postings must be removed by the sponsoring group within 48 hours of the conclusion of the event, or when the content is no longer current.
• Postings may not cover any other existing posting.
• Postings are limited to one per event in a reasonable amount of space (e.g. one per bulletin board).
• Signs, bulletins, and/or flyers may not be distributed under office or classroom doors, in common areas, or on University property without pre-approval.

Recognized or affiliated student organizations who wish to request an exception to any of these restrictions, should contact the Office of Student Engagement & Leadership Campus Life in writing with their specific request prior to posting or distribution.

Non-University Related General Postings

Non-University postings are permitted on General Posting Boards only.  General Posting Boards are for use by individuals and external groups, as well as university-affiliated groups. These boards are designated as “General Posting Boards” by signage on the board and all postings must following the guidelines below.

• Postings are only permitted on designated General Posting Boards which are labeled with “General Posting Board” signage.
• Postings must comply with all University policies and are not permitted to include references to, encourage, or seek to incite any illegal activity and may not include references to weapons, violence, alcohol, or drugs.
• The promotion, advertising, marketing, or merchandising of credit cards is prohibited.
• Postings may not endorse, expressly or impliedly, any candidate for public office or comment on specific actions or issues related to candidates for public office.
• The University will remove postings that violate any University Policy or fire code.

Posting in the Residence Halls

All postings in the residence halls must comply with the Residence Hall Posting Policy. Questions about the Residence Hall Posting Policy may be directed to The Office of Residential Life, located on the second floor of the Campus Center, or reslife@sjf.edu. 

Chalking

Chalking is only permitted on sidewalks when promoting University-affiliated activities or events and in compliance with University policies. Chalk must be water soluble. The University will remove chalking that violates any University Policy.

Chalking is prohibited on the following surfaces:

• Any vertical surfaces including walls, sides of buildings, and stairs.
• Sidewalks under any awning or other structure that could potentially obstruct rain from washing the chalk away.
• Any street surface including campus roadways and parking lots.
• Natural features of the campus (e.g. trees)

University Posting Policy last updated: 8/29/2024

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As members of the University community, Fisher students are free, individually and collectively, to express their views on issues of University policy and on matters of general interest to the student body. Expression of personal beliefs and supporting causes may not disrupt or interfere with the regular and essential operation of the University. In the development of policies that will govern St. John Fisher University, the University will promote means that encourage the civil presentation and consideration of views by students, faculty, administration, alumni, parents of students, and interested friends in the Greater Rochester Area.

If members of the University community engage in behavior, individually or collectively, that disrupts the educational process and denies others the intellectual environment that the University seeks to provide, the responsible officers of the University are charged with taking action to restore order and calm.

Members of the University community and all persons present on University premises shall at all times conduct themselves in a manner that does not disrupt the community, infringe upon the rights of others, or prejudice the maintenance of public order.

Public Order last reviewed: 9/10/2018

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Engaging in a course of conduct directed at a specific individual that would cause a reasonable individual to fear for their safety or the safety of others, or suffer substantial emotional distress which unreasonably interferes with the work or educational environment. Stalking may include, but is not limited to, unwelcomed conduct such as surveillance, following, trespassing, gift giving or property damage, or written, in-person, digital, social media, or other communication directly or through a third party.

Stalking last reviewed: 9/10/2018

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In accordance with state law, firearms, ammunition, and weapons are prohibited on the St. John Fisher University campus. Firearms of any type, switchblades, gravity knives, bows, crossbows, swords and the like are not permitted on campus at any time. This policy also includes the possession or use of projectiles that may result in direct or indirect injury, such as B-B guns, paintball guns, pellet guns, slingshots of all types and the like.

If pepper spray/mace is used in an unintended manner, it is considered a weapon under the Student Code of Conduct.

Any weapons, if found on campus, may be confiscated and turned over to local law enforcement authorities and may not be returned to the owner.

Additionally, any items that may be mistaken for actual weapons, including toy guns, are also prohibited.

Weapons last reviewed: 9/10/2018

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